SENATE CONCURRENT RESOLUTION NO. 46
(By Senators Sharpe, Chafin, Dempsey, Fanning, Helmick, Jenkins,
Kessler, Oliverio, Ross, Deem, Guills, McKenzie and Weeks)
________
[originating in the Committee on Energy, Industry and Mining;
reported February 28, 2003.]
Requesting the Joint Committee on Government and Finance appoint an
interim committee to review the current need for and
feasibility of existing state legislative rules, procedural
rules, interpretive rules, policies, guidance, directives and
programs that may be more stringent than the corresponding
federal regulations promulgated by the Office of Surface
Mining Reclamation and Enforcement.
Whereas, The efficient and effective administration of the
mining regulatory program in the State of West Virginia is of
utmost importance to the people of the State of West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to appoint a six-member interim committee composed of
three members of the House of Delegates and three members of the
Senate to make proposed findings, conclusions and recommendations
on the efficient and effective administration of the mining regulatory program in West Virginia; and, be it
Further Resolved, That the West Virginia Coal Association
shall identify issues of concern on or before May 1, 2003, relating
to specifically identified and prioritized legislative rules,
procedural rules, interpretive rules, policies, guidance,
directives and programs that may be more stringent than the
corresponding federal regulations promulgated by the Office of
Surface Mining Reclamation and Enforcement; and, be it
Further Resolved, That the West Virginia Department of
Environmental Protection will undertake a review of the issues
identified by the West Virginia Coal Association and evaluate the
current needs or feasibility of the same and report to the interim
committee no later than October 1, 2003; and, be it
Further Resolved, That beginning May 1, 2003, and ending
January 1, 2004, the West Virginia Department of Environmental
Protection will provide a monthly report to the interim committee
containing the following information:
1. The number of mining permit applications, including
amendments and revisions pending, at the Division of Mining and
Reclamation and the acreage associated with the pending
applications.
2. The number of mining permit applications, including
revisions and amendments, approved by the Department of Mining and
Reclamation and the acreage associated with the approvals.
3. The number of applications received for Phase I, Phase II
and Phase III bond release and the acreage associated with the bond
release applications.
4. The number of applications for Phase I, Phase II and Phase
III bond release approved by the Division of Mining and Reclamation
and the acreage associated with the approvals; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint committee on
Government and Finance.